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High Court of Punjab and HaryanaCR/5099/2024disposed of

Labh Singh v. Dial Singh And Others

2024-09-05Mr. Justice Deepak Gupta2 pages

S. No.126

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CR No.5099 of 2024 (O&M) Date of Decision:05.09.2024 Labh Singh .....Pe//oner Vs.

Dial Singh and others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Hitesh Verma, Advocate for the peoner.

**** DEEPAK GUPTA, J. (Oral) Peoner is plainff before the trial Court in Civil Suit bearing No.CS1723-2021. He is aggrieved by the order dated 03.05.2024 (Annexure P.3) whereby his evidence has been closed.

2.

Although it is conceded by learned counsel for the peoner that peoner had availed numerous opportunies to conclude his evidence but failed to do, as has been observed by the trial Court in the impugned order, but learned counsel prays for one more opportunity, submi0ng that grandson of the peoner is 100% disabled and suffering from Profound Intellectual Disability, due to which peoner remained under tension and occupied for his treatment and it is for this reason that he could not conclude the evidence.

3.

Although peoner has already availed numerous opportunies as has been observed by the trial Court but considering the circumstances narrated by learned counsel and in the interest of jusce, one more opportunity is provided to the peoner to conclude his evidence to be produced at his own responsibility, subject to 25,000/- as costs to be paid to the opposite party by way of a demand dra6. The impugned order dated 03.05.2024 is accordingly set aside. The trial Court shall fix a date for evidence of the peoner- plainff.

RENU 2024.09.05 17:49 I attest to the accuracy and integrity of this document Chandigarh

CR No.5099 of 2024 (O&M) -24.

Since this order has been passed without serving any noce to the respondents, in order to avoid delay in the ma=er, therefore, the respondents will be at liberty to approach this Court in case they feel aggrieved. 5.

Disposed of.

September 05, 2024 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2024.09.05 17:49 I attest to the accuracy and integrity of this document Chandigarh